Research On The Public Welfare Guardianship System

Under the background of the reform of guardianship system in most countries,the function of guardianship system has changed from protecting family private property to protecting the personal and property rights and interests of the ward.However,the family guardianship in the past is no longer enough to undertake the responsibility of guardianship because of the weakening of family function caused by the change of modern family structure.At the same time,facing the challenges brought by the aging population,the plight of children protection and some other social problems,we must seek to participate in the monitoring activities of multiple forces.Public guardianship system is the collection of the state,social organizations and individuals to participate in guardianship activities,and in accordance with its responsibility to family guardianship supplement or substitute,undoubtedly can become one of the effective solutions to these social problems.However,compared with other countries that developed the public guardianship system earlier,China's current guardianship system has some problems,such as over-reliance on family guardianship and lack of supporting measures for public guardianship.And with the continuous development of the theory of the public law of private law,it further explains the insufficiency of the current guardianship system in China.Developing and improving the public guardianship system is an important link to make the guardianship system more perfect and more in line with the needs of modernization.This paper holds that it is one of the basic ideas to develop and improve the public guardianship system by adhering to the administrative and judicial dual-track supervisor mode,promoting the construction of a multi-level public guardianship system with community-represented grassroots organizations as the core,and encouraging non-governmental organizations,individuals and other forces to actively participate in public guardianship activities.Among them,it is more important to strengthen the role of the court in the specific case of guardianship,such as thedetermination of the scope of guardianship responsibilities by the court.Of course,for the sake of the system run efficiently and prevent excessive intervention in the field of public power to the traditional civil law,this paper argues that we should also pay attention to when developing the system program design,including the start the way of public supervision,to the public guardian and ward qualification review,the classification of public supervision measures applied,the determination and the measures of public supervision of termination of the cancellation,etc.In addition,through analysis and argumentation,this paper believes that it is a better choice to stipulate the public guardianship system in the form of separate law.